

GENERAL LAWS 

OF THE 


State of Vermont 

t4 

RELATING TO 

Collateral Inheritances and 
Taxable Transfers 



PUBLISHED BY AUTHORITY. 


Chapter 38—Public Statutes. 

IN FORCE AUGUST 1, 1907. 


Concord, N. H. 
Rumford Printing Company. 
1907 




^ Vi 


&v Transfer 

AUG 28 1916 


CHAPTER 38. 


COLLATERAL INHERITANCES AND TAXABLE 
TRANSFERS. 


Section 

Sections 

Sections 

Section 

Sections 

Section 

Sections 

Section 

Sections 

Section 

Sections 

Sections 

Sections 

Sections 

Section 

Section 


821.—Definitions. 

822, 823.—Assessment of taxes. 

824, 825.—Foreign taxes deducted. 

826.—Bequests to maintain burial lots. 

827-830.—Taxes, how made payable. 

831.—Legacy, when made a charge upon property. 
832, 833.—Probate court proceedings. 

834.—Appeals. 

835, 836.—Proceedings in supreme court. 

837.—Costs. 

838-841.—Valuation by probate court. 

842-847.—Valuation by appraisers. 

848-852.—Valuation by agreement. 

853-856.—Valuation of life estate. 

857. —Valuation of remainder. 

858. —Legacy to an executor. 


241 


Chap. 38.] 


ASSESSMENT OF TAXES. 


Section 859.—Receipts upon payment of taxes. 

Section 860.—Method of refunding taxes. 

Sections 861-866.—Time of payment of taxes. 

Sections 867, 868.— Inventory of property. 

Section 869.—Interest on taxes. 

* Sections 870, 871.—Reports to commissioner of state taxes. 
Sections 872, 873.—Estates not administered upon. 

Sections 874, §75.—Certified copies of wills and inventories. 
Sections 876, 877.—Transfer of stocks and bonds. 

Sections 878-882.—Transfer of securities or assets. 

Sections 883-885.—Reports by savings banks and trust com¬ 
panies. 

Sections 886-888.—Equity proceedings. 

Section 889.—Bonds and recognizances. 

Sections 890-897.—Proceedings in probate court. 

Section 898.—Reports by listers. 

Sections 899-901.—Miscellaneous. 


Definitions. 

Sec. 821. “Legatee,” “share,” etc. The word ‘‘legatee,” 1904, No. 30, § 7S_ 
when used in this chapter, shall extend to and include any devisee 
or distributee named in a will; the word “legacy,” all devises 
and bequests; and the words “share” or “distributive share,” all 
real or personal property or any interest therein passing under 
the laws of descent or the intestate laws of this state, or any other 
state or government; provided that such construction shall not 
be required, if the same would thereby be repugnant to the mani¬ 
fest intention of the general asse'mbl;^. * 


Assessment of Taxes. 


Amend 
3loeec. ^ 
See append!? 


Sec. 822. Tax on inheritances. Every person other than 1904 , No. 30 , § 1 . 
the father, mother, husband, wife, lineal descendant, adopted 76 9 vt. N 88 . 46 ’ §§ lf 2 ' 
child, lineal descendant of an adopted child, the wife or widow 
of a son, the husband of the daughter of a decedent, or a city or 
town for cemetery purposes, and every charitable, educational or 
religious society or institution other than one created and exist¬ 
ing under and by virtue of the laws of this state and having its 
principal office herein, that shall receive in trust or otherwise a 
legacy or distributive share consisting of or arising from prop¬ 
erty or an interest therein passing by will, the law of descent 
or the decree of a court in this state, from a deceased person who 
owned such property at the date of his decease, shall, except as 
otherwise provided in this chapter, pay to the stat-e a tax of five 
per cent of the value in money of such legacy or distributive 
share. 

Sec. 823. Tax on transfers. Every person, unless one of a 1904 , No. 30 , § 2 . 
class exempted in the preceding section, who acquires title to real 1896, No ' 46, §§ 1 ’ 2 * 
or personal estate or any interest therein by voluntary convey¬ 
ance or gift made or intended to take effect in possession or en¬ 
joyment upon or after the death of the grantor or donor, shall 
pay to the state a tax of five per cent of the value in money of 
such real or personal estate, or the interest therein conveyed. 


E D 

1908 


Amended 

No.&TSfcep. f r 1010 

appendix. 


AMENDED 

Bo 31 sec. <2,1908 

See appendix. 


242 


TAXES, HOW MADE PAYABLE. 


[Title 10 . 


3904, No. 30, § 3. 


R. 1906, § 739. 
1904, No. 30, § 4. 


1904, No. 30, § 5. 


1904, No. 30, 
18.96, No. 46, 


1904, No. 30, 
1896, No. 46, 


§ 7. 


Such tax shall be a first lien on the real or personal estate thus 
conveyed or given, until such tax is paid in full. 

Foreign Taxes Deducted. 

Sec. 824. General provisions. If an inheritance, transfer, 
succession, legacy or a similar tax has been lawfully paid to an¬ 
other state or to a government other than the United States, for 
or on account of a legacy, distributive share or a part thereof 
decreed subsequent to December ninth, nineteen hundred and 
four, by a probate court of this state, to a legatee or heir liable 
to the tax imposed by section eight hundred and twenty-two, 
such legatee or heir shall be liable to pay to this state under the 
provisions of such section only such part of the tax therein im¬ 
posed as will make the entire tax both within and without this 
. state, based on such portion of a legacy or distributive share 
taxed in such other state or government, equal to five per cent 
of the total value thereof, to be determined as provided in this 
chapter. 

Sec. 825. Official receipt required. JMo rebate from the 
full amount of the tax required by the third preceding section 
shall be allowed by the probate court under the provisions of 
the preceding section, unless an official receipt or other compe¬ 
tent evidence, showing the amount so paid to such other state or 
government, the date of payment, the rate, the valuation of the 
property upon which such tax was computed and a brief descrip¬ 
tion thereof, is presented to the probate court. 

Bequests to Maintain Burial Lots. 

Sec. 826. Exempt. Towns, cities, villages, trustees, offi¬ 
cials therein and official boards, corporations, associations and 
persons that receive a legacy in trust or otherwise, the use, in- 
. come or principal sum of which is to be used for the sole purpose 
of purchasing, maintaining, caring for or beautifying a burial 
lot owned by the decedent, or wherein he or any of his kin shall 
be interred, or for the sole purpose of erecting, caring for or 
maintaining a monument or other structure thereon, shall be 
exempt from the payment of taxes imposed by this chapter. 

Taxes, How Made Payable. 

Sec. 827. Administrator, etc., to deduct. An administra¬ 
tor, executor or trustee having in charge or in trust a legacy or 
distributive share passing to a legatee or heir liable to a tax im¬ 
posed by this chapter, shall, before paying or delivering the same 
to such legatee or heir, deduct the tax therefrom or collect it 
from such legatee or heir. 

Sec. 828. Sale of legacy for tax. In case'the tax cannot 
be deducted therefrom and the legatee or heir neglects or refuses 
to pay such tax, the probate court may, in the same manner as 
administrators, and executors are licensed to sell real and per¬ 
sonal estate for the payment of debts, license such administrator, 
executor or trustee to sell a part or all of a legacy or distributive 


PROBATE COURT PROCEEDINGS. 


243 


\ 


Chal>. 38.] 


share belonging to a person liable to a tax imposed by this chap¬ 
ter, for the payment of snch tax. 

Sec. 829. Legacy delivered when tax is paid; lien. Ani904, No. 30, § 8. 

administrator, executor or trustee shall not deliver any specific 
legacy, property or the proceeds thereof to any legatee or heir 
liable to such tax, until such tax has been deducted or collected 
as aforesaid. Conveyances, mortgages, attachments, sales or as¬ 
signments of such legacy, share, the proceeds thereof, or any in¬ 
terest therein, shall be subject to the taxes imposed by this chap¬ 
ter; and such taxes shall be a lien on such legacies, distributive 
shares and the proceeds thereof, until the same are fully paid. 

Sec. 830. Liability for tax; collection; report. A person 1904, No. 30, § 9. 
having in charge or in trust as administrator, executor or trustee, 
a legacy or distributive share passing to a person in the manner 
mentioned in section eight hundred and twenty-two, shall be 
liable for the taxes imposed by this chapter, with interest as here¬ 
inafter provided, until the same 'are fully paid. The adminis¬ 
trator, executor or trustee shall collect the tax due the state from 
a person to whom real estate passes in the manner mentioned in 
such section from the decedent of whose estate he is adminis¬ 
trator, executor or trustee; but if such administrator, executor 
or trustee is unable to collect such tax before his final account is 
allowed, he shall make a full and detailed report to the commis¬ 
sioner of state taxes, showing the names of the persons liable 
to such unpaid tax and a description of the real estate on ac¬ 
count of which such tax is due. 


Legacy, When Made a Charge Upon Property. 

Sec. 831. Tax to be deducted from legacy; lien; payment. 1904, No. 30, § 10 . 

When a legacy passing to a legatee liable to such tax is charged 1896, No ' 46, § 6 ' 
upon or payable out of any real or personal estate devised to any 
person, said person shall, before paying such legacy, deduct such 
tax therefrom and pay it to the administrator, executor or trus¬ 
tee of the estate of which such real and personal estate is a part. 

Such tax shall be a lien upon such real or personal estate, until 
the same is paid. Payment thereof may be enforced by the ad¬ 
ministrator, executor or trustee in the manner provided in the 
third preceding section. 

Probate Court Proceedings. 

Sec. 832. Final settlement of account of an administrator, 1904, No. 30, § n. 
etc. A final settlement of the account of an administrator, 1896, No ‘ 46, § 12 ' 
executor or trustee shall not be allowed by a probate court, 
unless such account shall show and said court shall find that 
the taxes imposed by the provisions of this chapter are paid, 
and that one of the triplicate receipts issued by the state treas¬ 
urer therefor is filed in said probate court. 

Sec 833. Jurisdiction. The probate court having either 1904, No. 30, § 12 . 
principal or ancillary jurisdiction of the settlement of the estate 
of a decedent shall, except as otherwise provided in this chapter, 

hear and determine all questions relating to the taxes imposed ^ 10 


VALUATION BY PROBATE COURT. [Title 10. 

by this chapter and the value of all legacies and distributive 
shares upon which such taxes are computed. 

Appeals. 

Sec. 834. Who may appeal. A legatee, heir or beneficiary 
affected by a decree of the probate court respecting the taxes 
imposed by this chapter, the administrator, executor or trustee 
of an estate of which a legacy or distributive share passing to a 
person liable to the taxes imposed is a part, and the commissioner 
of state taxes in behalf of the state, may appeal to the county 
court from such orders and decrees of said probate court. 

Proceedings in Supreme Court. 

Sec. 835. Probate court to certify finding and decree. 

Whenever the legal construction of a part of this chap¬ 
ter is in dispute and the facts relating thereto have been deter¬ 
mined by the probate court wherein the estate is being admin¬ 
istered, the judge of such court shall, if no appeal is taken, upon 
the written application of the administrator, executor or trustee 
of such estate and the commissioner of state taxes, filed therein 
before the time for an appeal has expired, certify to the supreme 
court such part of its finding and decree as relates to such con¬ 
struction, together with the contentions of the parties relating 
thereto, which shall be filed with such application. 

Sec. 836. Certificate; hearing; judgment. Such certificate 
shall be placed on file in the office of the clerk of the county 
wherein such probate district is located, on or before twenty-five 
days from the date of such finding or decree; and thereupon the 
supreme court shall have jurisdiction of all questions of law pre¬ 
sented thereby; and the same shall be heard and determined, as 
if the cause had been passed to said court upon the pro forma 
judgment of a county court to which such cause might have been 
appealed. The final decision and judgment therein shall be 
certified to the probate court in the same manner and with the 
same legal effect as provided in section two thousand nine hun¬ 
dred and eighty-eight. 

Costs. 

Sec. 837. Orders. In proceedings therein, involving ques¬ 
tions of taxation under the provisions of this chapter, the county 
or supreme court shall, upon final hearing, make such orders 
respecting the payment of costs as, in the opinion of said court, 
are just and equitable. The auditor of accounts shall draw 
an order for the costs to be paid by the state, upon receipt of a 
bill thereof signed by the person taxing the same. 

Valuation by Probate Court. 

Sec. 838. Determination upon application; notice. The 

probate court having jurisdiction of an estate may, at any time, 
or upon the application of the commissioner of state taxes or 
a legatee, heir, administrator, executor or trustee of such estate,. 


245 


Chap. 38.] VALUATION BY APPRAISERS. 

determine, so far as possible, the value of all legacies and dis¬ 
tributive shares passing to persons who are liable to the tax 
imposed by this chapter, and the amount of taxes due therefrom. 

Notice of such application and of the time and place of the 
hearing shall be given in the same manner as in case of the 
settlement of accounts by administrators and executors. 

Sec. 839. Notice as to findings and decrees. Said probate 1904, No. 30, § is. 
court shall notify the commissioner of state taxes in writing, 
upon blanks to be furnished by him for that purpose, of its find¬ 
ings and decrees respecting the matter specified in the preceding 
section, and the date on which such decree was made. 

Sec. 840. Hpw determined. The value of a legacy or dis- 1904 , No. 30, § 19. 
tributive share mentioned in section eight hundred and twenty- 
two, except as otherwise provided in this chapter, shall be its 
actual market value in money at the expiration of one year from 
the death of the decedent; but if such legacy or share is sooner 
paid or delivered, the valuation thereof shall be determined as 
of the date at which the person entitled to the same comes into 
or is entitled to the possession or the beneficial use thereof. 

Sec. 841. Same. The value of property passing by volun-1904, No. 30 , § 20. 
tary conveyance or gift mentioned in section eight hundred and 
twenty-three, except as otherwise provided in this chapter, shall 
be its market value in money at the date the person entitled to 
the same comes into or is entitled to the possession or the bene¬ 
ficial use thereof. 

Valuation by Appraisers. 

Sec. 842. Appraisers. Upon the written application signed 1904, No. 30, § 21. 
i' ,-1 • • » , f , t • 1896, No. 46, § 8. • 

by the commissioner ot state taxes, or by a legatee or heir 

liable to a tax on account of a legacy or distributive share pass¬ 
ing to him in the manner designated in section eight hundred 
and twenty-two, or by the administrator, executor or trustee of 
an estate of which such legacy or share is a part, or by the 
grantee o.r donee of property passing in the manner designated 
in section eight hundred and twenty-three, the probate court 
wherein such estate is being administered or for the district 
where a part of the property passing in the manner designated 
in section eight hundred and twenty-three is situated, if no let; 
ters of administration have been granted upon the estate of the 
grantor or donor therein mentioned, or for any district wherein 
a corporation mentioned in section eight hundred and seventy- 
six, or a savings bank or trust company or any corporation hav¬ 
ing securities or assets mentioned in section eight hundred and 
seventy-eight has its principal place of business in this state, or 
within which a person holding such assets or securities resides, 
may, in its discretion, appoint not more than three disinterested 
persons, to determine, upon hearing or otherwise, the value of 
all or a part of the real estate or personal property, or of an 
interest therein, passing to a person liable to a tax imposed by 
this chapter. 

Sec. 843. Warrant to appraisers. Said probate court shall 1904 , No. 30 , § 22 . 
issue a warrant to said appraisers and shall therein designate 


246 


VALUATION BY AGREEMENT. [Title 10. 


1904, No. 30, § 23. 
1896, No. 46, § 8. 


1904, No. 30, § 24. 


1904, No. 30, § 25. 
1896, No. 46, § 8. 


1904, No. 30, § 26. 
1896, No. 46, § 8. 


what part of such real and personal property, or interest therein, 
shall be appraised by them, and shall therein fix the time within 
which such warrant shall be returnable to said court. 

Sec. 844. Oath; notice. Said appraisers shall, before en¬ 
tering upon the performance of their duties, be duly sworn and 
shall give such notice to the parties as said probate court orders. 

Sec. 845. Authority. An appraiser shall have the same 
authority to compel the attendance of witnesses, and to admin¬ 
ister oaths thereto, that judges of probate have. 

Sec. 846. Returns; proceedings. Said appraisers shall # 
make returns of their findings to the probate court within the 
time mentioned in such warrant; and said probate court may, 
in its discretion, accept or reject a part or all of such findings. 
If such report is rejected, the probate court may appoint new 
appraisers to determine such valuation, or it may determine such 
valuation upon hearing. 

Sec. 847. Fees. The fees of said appraisers shall be fixed 
by the probate court and shall be paid by the administrator, 
executor or trustee of the estate, if the property so appraised is a 
part or all of an estate in which letters of administration have 
been granted within this state. In case no letters of admin¬ 
istration have been granted, the fees of said appraisers, when 
fixed as aforesaid, shall be paid by an order drawn by the au¬ 
ditor of accounts. 


Valuation by Agreement. 


1904, No. 30, 


1904, No. 30, 


1904, No. 30, 


1904, No. 30, 


27. Sec. 848. How made. Whenever it is necessary under the 
provisions of this chapter to establish the value of property or 
an interest therein, the commissioner of state taxes may agree 
upon such valuation with the administrator, executor or trustee 
of an estate of which such property is a part. This section shall 
apply to any agreement made with a foreign administrator, ex¬ 
ecutor or trustee. 

28 . Sec. 849. Agreement to be in writing, when. In cases 
where the valuation of a part or all of the property mentioned 
in the preceding section or of any interest therein has been estab¬ 
lished by agreement pursuant to the preceding section, the com¬ 
missioner of state taxes and said administrator, executor or trus¬ 
tee shall cause such agreement to be written, and specify therein 
the various items of property and the value of each item. 

29. Sec. 850. Agreement to be filed where. One copy of the 
agreement specified in the preceding section shall be filed in the 
office of the commissioner of state taxes, one with the state treas¬ 
urer, and one in the probate court, if any, having jurisdiction of 
such estate within this state. In case a foreign administrator, 
executor or trustee is a party to such agreement, one copy thereof 
shall be delivered to him. 

30 . Sec. 851. Agreement may be set aside. The probate court 
shall have power to affirm or set aside the agreement mentioned 
in the three preceding sections, in all estates within its jurisdic¬ 
tion ; and the state treasurer may, in his discretion, set aside any 


VALUATION OF REMAINDER. 


24 T 


Chap. 38.] 

such agreed statement of valuation to which a foreign adminis¬ 
trator, executor or trustee is a party, if he is satisfied that the 
interests of the state so require. 

Sec. 852. Same. If the agreed statement of valuation here- 1904 , No. 30 , § 31 . 
inbefore mentioned is set aside for any cause, the value of such 
property shall be determined as hereinbefore otherwise provided. 


Valuation of Life Estate. 


Sec. 853. How determined. When it becomes necessary 1904, no . 30, 
for the purpose of computing a tax imposed by this chapter to 1896, No ' 46, 
determine the value at the time such tax accrues of an interest 
in property arising from the bequest or devise of the use or 
income thereof for the term of an individual life or lives, or 
involving the contingency of the duration of such life or lives, 
it shall be determined according to the “American Experience 
Table of Mortality,” with interest at the rate of three and one- 
half per cent per annum. 

Sec. 854. Same. When it becomes necessary for the pur- 1904, no . 30, 
pose of computing a tax imposed by this chapter to determine 1896, No> 46, 
the value at the time such tax accrues of an annuity or an in¬ 
terest in property arising from the bequest or devise of the use 
or income thereof for a term of years or for a period in which 
the life duration or life contingency is not involved, the value 
shall be determined by discount tables computed at the rate of 
three and one-half per cent per annum. 

Sec. 855. Duties of probate court. In making the compu- 1904 , no. 30 , 
tation specified in the .two preceding sections, the probate court 
shall determine the amount of such yearly income, whether for 
life or for a term of years, or the probable average annual value 
of the use or income of such estate for life or for a term of years. 

Sec. 856. Duties of commissioner of state taxes. The 1904 , No. 30 , 
commissioner of state taxes shall procure suitable tables for the 1896, No ' 46, 
purposes of this chapter and may cause the same or a part 
thereof to be printed in convenient form with proper explanation 
for the use of the probate courts within this state, and such tables 
shall be used in computing the value of yearly incomes or life 
estates mentioned in this chapter. The auditor of accounts shall 
draw his order to defray the expenses incurred under this 
section. 

Valuation of Remainder. 


§ 33. 


§ 34. 


Sec. 857. How determined. When a person bequeaths or 
devises .property, or gives or conveys property in the manner 
specified in section eight hundred and twenty-three, to or for 
the use of father, mother, husband, wife, lineal descendant, an 
adopted child, lineal descendant of an adopted child, the wife or 
widow of a son, or the husband of a daughter of a decedent, or a 
town or city for cemetery purposes, or a domestic charitable, 
educational or religious society or institution having its principal 
office herein, during life or for a te 4 m of years, and the re¬ 
mainder to a collateral heir or to a stranger to the blood, the 


1904, No. 30. § 3G. 


i f S D ED 
Wo. 3 / see. 190 * 

See Appendix, 


248 


TIME OF PAYMENT OF TAXES. 


[Title 10. 

value of the prior estate shall, in the manner hereinbefore pro¬ 
vided, be deducted from the appraised value of such property; 
and the person entitled to such remainder shall be liable to the 
tax imposed by this chapter. Such tax shall become due and 
payable at the same time that a tax would become due and pay¬ 
able, if the entire property, instead of a remainder therein, had 
passed to the person receiving such remainder. 

Legacy to an Executor. 

1904, No. 30. § 37 . Sec. 858. Liable to tax, when. When a decedent appoints 

1896, No. 46, § 3. , , . , . o • 

one or more executors or trustees and, m lieu ot their compensa¬ 
tion, makes a bequest or devise of property to them which would 
otherwise be liable to a tax imposed by this chapter, or appoints 
them his residuary legatees, and such bequests, devises or resid¬ 
uary legacies exceed what would be a reasonable compensation 
for their services, such excess shall be liable to the taxes imposed 
by this chapter. The probate court having jurisdiction of their 
accounts shall determine what would have been such reasonable 
compensation, and the amount of such excess, if any. 


Receipts on Payment of Taxes. 


1904, No. 30, § 38. 
1896, No. 46, § 14. 


Sec. 859. State treasurer to issue; filing. The state treas¬ 
urer shall, upon receiving the amount of a tax under the pro¬ 
visions of this chapter, issue receipts in triplicate to the person 
paying the tax, who shall forthwith file one copy thereof with the 
auditor of accounts, one with the commissioner of state taxes and 
one with the probate court wherein the estate is administered; 
provided that the person paying such tax upon property passing 
in any other manner than that described in section eight hundred 
and twenty-two may retain one copy of such receipt instead of 
filing the same with the probate court. 


Method of Refunding Taxes. 

1904 , No. 30 , § 39 . Sec. 860. Duties of commissioner of state taxes. When- 
1896, No. 46, § 9. ever ^ s ^ a t e treasurer has received money on account of a tax 
imposed by this chapter in excess of the amount finally fixed by 
a court having jurisdiction thereof, or in excess of the amount 
otherwise determined under the provisions of this chapter, the 
commissioner of state taxes may certify the amount of such 
excess and the name of the person entitled thereto to the auditor 
of accounts, who shall thereupon draw an order for such excess, 
in favor of the person designated in such certificate. Said com¬ 
missioner shall execute such certificate in quadruplicate and 
shall deliver one copy thereof to the person entitled to such re¬ 
bate, file one with the state treasurer and one with the auditor 
of accounts and retain one for his own files. 


Time of Payment of Taxes. 

1904 , No. 30 , § 40 . Sec. 861. Generally. Taxes imposed by this chapter, unless 
1896, No. 46, § 4. otherwise provided, shall be payable to the state treasurer on or 


Chav. 38.] INTEREST ON TAXES. 

before the expiration of two years from the date of the death 
of the decedent. 

Sec. 862. On legacies or distributive shares. When lega- 1004 , No. 30 , 
cies or distributive shares are delivered or paid within such two 1896, No ’ 46, 
years to a legatee or heir, the taxes due on account of such lega¬ 
cies or shares shall be paid to the state treasurer at the time such 
legacies or shares are paid or delivered. 

Sec. 863. Probate court may extend. A probate court ad-1904, No. 30 , 
ministering an estate may extend the time within which a tax 1896, No ' 46, 
imposed by this chapter shall be due and payable, whenever the 
circumstances of the case so require. 

Sec. 864. Same. If, for any reason, said probate court 1904, No. 30, 
shall, at any time, be unable to determine the value of a part or 
all of such legacies or shares, or the amount of a part or all of a 
tax due the state thereon, it shall, from time to time, extend the 
time within which such taxes shall become due and payable. 

Sec. 865. Same. Whenever the probate court extends thei904, No. 30 , 
time for assessment and payment of a tax imposed by this chap- 1S96 ’ N °' 46, 
ter, it shall make a record thereof and shall forthwith file with 
the commissioner of state taxes a statement showing the date to 
which such extension is made and what legacies or shares are 
thereby affected. 

Sec. 866. On transfers. Taxes due under the provisions of 1904 , No. 30 , 
section eight hundred and twenty-three shall be payable on or 
before the expiration of three months from the date of the death 
of the grantor or donor therein mentioned, unless the grantee or 
donee sooner enters into possession of the property acquired in 
the manner therein mentioned; in which case, the tax shall there¬ 
upon become payable. 


249 


§ 41. 
§ 4. 


§ 42. 
§ 4. 


43. 


§ 44. 
§ 4. 


§ 45. 


Inventory of Property. 

Sec. 867. Duty of grantee or donee. A person who asi904, No. 30, § 46. 
grantee or donee comes into the possession or enjoyment of prop¬ 
erty in the manner specified in section eight hundred and twenty- 
three shall forthwith file with the commissioner of state taxes a 
just and true inventory under oath of all such property, giving 
a description of the property included in such conveyances, 
deeds and gifts. 

Sec. 868. Penalty. A person who neglects or refuses to 1904 , No. 30 , § 47 . 
file the inventory provided in the preceding section shall be sub- 1896, No ’ 46 ’ § 15, 
ject to a penalty of not more than ten per cent nor less than five 
per cent of the value of the property which so comes into his 
possession or enjoyment, to be recovered in an action on this 
statute brought in the name of the state by the commissioner of 
state taxes. 

Interest on Taxes. 

Sec. 869. When. Taxes not paid to the state treasurer 1904 , No. 30 , § 48. 
when due under the provisions of this chapter, unless the time 189 ’ No ' 46, § 15 ‘ 
for payment thereof has been extended by the probate court pur¬ 
suant to the provisions of this chapter, shall bear interest from 


250 


COPIES OF WILLS AND INVENTORIES. [Title 10. 


the date at which the same become payable until the same are 
paid. 

Reports to Commissioner of State Taxes. 


1904, No. 30, § 49. 
1896, No. 46, § 11. 


1904, No. 30, § 50. 
1896, No. 46, § 11. 


Sec. 870. Duties of register of probate. In estates wherein 
property may be. decreed to a legatee or heir liable to a tax im¬ 
posed by this chapter, the register of the probate court having 
jurisdiction thereof shall, at the time of granting letters of ad¬ 
ministration therein, upon blanks to be furnished by the commis¬ 
sioner of state taxes, report the name of the decedent, the date 
of his death, the name and address of the administrator or ex¬ 
ecutor, and the relationship, if any, and the names of all known 
legatees or heirs liable to the taxes imposed by this chapter. 

Sec. 871. Same. Whenever the probate court fixes a date 
for the determination of the amount due to the state on account 
of a tax imposed by this chapter, or for the determination of the 
value of a legacy or share passing to a legatee or heir liable to 
such tax, or for the determination of any matter pertaining to a 
tax imposed by this chapter, the register of probate shall, upon 
blanks furnished for that purpose by the commissioner of state 
taxes, forthwith mail to said commissioner a statement showing 
the name of the estate, the date of such hearing, the nature 
thereof, whether or not the property out of which such legacy 
or share is to be decreed is in money or its equivalent, and, if in 
other property, a brief description thereof as shown by the files 
of said court. If such hearing is continued, notice thereof shall 
be given in person or by mail to said commissioner. 


Estates Not Administered Upon. 


1904, No. 30, § 5i. Sec. 872. Administrator, how appointed. If, upon the 
1896, No. 46, § 13. ^ eceag g 0 f a p erson leaving an estate passing in whole or in part 
to legatees or heirs liable to the taxes imposed by this chapter, 
no will disposing of such estate is offered for probate within the 
* time prescribed by law and no application for administration is 

made within four months from the date of such decease, the 
commissioner of state taxes shall apply to the probate court for 
the appointment of an administrator of such estate. 

1904, No. 30, § 52. Sec. 873. Duties of probate court. A judge or register of 
1896, No. 46, § 13. p ro k a j- e s h a n forthwith notify the commissioner of state taxes, 
upon blanks to be furnished by him, of estates mentioned in the 
preceding section, known to them or either of them, in which no 
will or application for administration is presented within the 
time specified. 


Certified Copies of Wills and Inventories. 

1904, No. 30,- § 53. Sec. 874. To be furnished commissioner of state taxes. 

An administrator, executor, trustee or other legal representative 
of a decedent, appointed by a probate court within this state or 
by a foreign court or government, shall, when required in writ¬ 
ing by the commissioner of state taxes, within a reasonable time 
after receiving such requisition and without expense to the state, 


251 


Chap. 38.] TRANSFER OF STOCKS AND BONDS. 

furnish said commissioner a certified copy of any part or all of 
any record, or of the will, inventory or other document required 
to be filed in the court wherein the estate of which he is such 
administrator, executor, trustee or legal representative is being 
administered. 

Sec. 875. Failure, to furnish; penalty, etc. An adminis- 1904 , No. 30 , § 54 . 
trator, executor, trustee or legal representative mentioned in the 
preceding section, appointed by a probate court in this state, 
shall forfeit to the state five dollars for each day’s neglect or 
refusal to provide the certified copies therein specified, within a 
reasonable time after receiving requisition therefor; and if a 
foreign administrator, executor, trustee or legal representative 
neglects or refuses to furnish the copies therein required, no 
certificate shall be given by the commissioner of state taxes 
under the provisions of section eight hundred and eighty-two, 
until such certified copies are furnished and a reasonable time 
has thereafter elapsed. 

Transfer of Stocks and Bonds. 


^ K 8 S D E U 

8<k* appendix. 


Sec. 876. Assessment. If a foreign administrator, execu- 1904 , No. 30 , § 55 . 
tor or trustee assigns or transfers any stock or obligation in a 
domestic corporation, or in a foreign corporation having its prin¬ 
cipal place of business located in this state, or in a national bank 
located in this state, owned by a deceased non-resident at the 
time of his death and passing by will or the laws of descent of 
the state or government wherein such administrator, executor or 
trustee receives his appointment, to or for the use of any person 
other than the father, mother, husband, wife, lineal descendant, 
adopted child, lineal descendant of an adopted child, the wife or 
widow of a son, the husband of a daughter of a decedent, or a 
town or city for cemetery purposes, or to or for the use of a 
charitable, educational or religious society or institution other 
than such as are created and existing under the laws of the state 
wherein such appointment was made, said administrator, execu¬ 
tor or trustee shall pay to the state a tax equal to five per cent of 
the value in money, at the date of such assignment or transfer, 
of such part or all of such stocks or obligations so passing by will 
or the laws of descent; and, if the same is not paid at the date 
of such assignment or transfer, such administrator, executor or 
trustee shall be personally liable therefor, until the same is paid. 

The w T ord “stock” or “ obligation,” as used in this section, shall 
be construed to include the proceeds thereof. 

Sec. 877. Transfer of stock before payment of tax pro- 1904 , No. 30 , § 56. 
hibited. A domestic corporation, or a foreign corporation hav¬ 
ing its principal place of business in this state, or a national 
bank located in this state, which records a transfer of a share of 
its stock or of its obligation, made by a foreign administrator, ex¬ 
ecutor or trustee, or which issues a new certificate for a share of 
its stock or of the transfer of an obligation aforesaid at the in¬ 
stance of a foreign administrator, executor or trustee, before the 
taxes imposed by the preceding section are paid, shall be liable 


A M » * t> B D 
No.5"5eec. ^/ 191 ° 


A It ET X 0 E D 

Ho.f^ee .4/ 1910 

S^ appendix* 


252 TRANSFERS OF SECURITIES OR ASSETS. [Title 10. 

for such tax in an action upon this statute brought in the name 
of the state by the commissioner of state taxes. 

Transfer of Securities or Assets. 

1904, No.. 30, § 57 . Sec. 878. Assessment. If a foreign administrator, execu¬ 
tor or trustee of a non-resident decedent, or a legatee or heir of 
such decedent, or an assignee of such administrator, executor, 
trustee, legatee or heir, collects, receives or assigns securities or 
assets, being in this state at the time of the death of such non¬ 
resident decedent and belonging to him at his decease, which 
shall pass in whole or in part by will or the laws of descent of the 
state or government wherein such foreign administrator, execu¬ 
tor or trustee has received his appointment, to or for the use of 
any person other than the father, mother, husband, w T ife, lineal 
descendant, adopted child, lineal descendant of an adopted 
child, the wife or widow of a son, the husband of a daughter of a 
decedent, or a town or city for cemetery purposes, or to or for 
the use of a charitable, educational or religious society or insti¬ 
tution other than such as are created and existing under the 
laws of the state wherein such appointment was made, such 
foreign administrator, executor or trustee, the assignee of all 
such securities or assets, or any legatee or heir of such non¬ 
resident decedent, shall pay to the state a tax equal to five per 
cent of the value in money, at the date of the delivery, collection 
or assignment of such part or all of such securities or assets so 
passing by will or the laws of descent; and, if the same is not 
paid at the date of such delivery, collection or assignment, such 
administrator, executor, trustee, assignee, legatee or heir shall 
be personally liable therefor, until the same is paid. 

1904, No. 30, § 58. Sec. 879. Notice of time and place of delivery. The se¬ 
curities or assets mentioned in the preceding section shall not be 
delivered or transferred by a person or corporation to a foreign 
administrator, executor or trustee of a non-resident decedent, nor 
to a legatee or heir of such decedent, nor to an assignee of such 
administrator, executor, trustee, legatee or heir, unless notice in 
writing of the time and place of such intended delivery or trans¬ 
fer is delivered in person or sent by registered mail prepaid to 
the commissioner of state taxes, at least fifteen days before the 
time of such intended delivery or transfer. Said commissioner, 
or a person designated by him in writing, may examine such 
securities or assets at the time and place of such delivery. 

1904, No. 30, § 59. Sec. 880. Failure to give notice; liability. Failure to 
mail or deliver such notice as provided in the preceding section 
shall render the person or corporation required to report such 
delivery or tansfer liable in an action upon this statute, brought 
in the name of the state by the commissioner of state taxes, for 
all taxes imposed by the second preceding section. 

1904, No. 30, § go. Sec. 881. Deposits not to be paid or transferred before 
payment of tax. No savings bank, savings institution, trust 
company or savings bank and trust company shall pay a part or 
all of a deposit, or any interest or dividend thereon, to an admin- 


253 


Chap. 38.] EQUITY PROCEEDINGS. 

istrator or executor, under the provisions of section four thou¬ 
sand six hundred and thirty-seven, nor transfer the same to the 
account of any person upon its records, unless the certificate 
mentioned in the following section has been delivered thereto. 

Sec. 882. Waiver of liability. A certificate signed by thei904, No. 30, § ei. 
commissioner of state taxes certifying that an administrator, 
executor, trustee, legatee, heir or assignee is not liable to the 
taxes imposed by sections eight hundred and seventy-six and 
eight hundred and seventy-eight, or certifying that such taxes 
are paid, shall operate as a waiver or discharge of all liability to 
the state on the part of any person or corporation mentioned in 
the six preceding sections. 

Reports by Savings Banks and Trust Companies. 

Sec. 883. Notice of death of non-resident depositor, etc. r. i90G, § 797 . 

A savings bank, savings institution, trust company, or savings 
bank and trust company shall notify the commissioner of state 
taxes, upon blanks to be furnished by him, of the decease of any 
non-resident depositor and the name and residence of any for¬ 
eign administrator, executor or trustee as soon as the same is 
known thereto. 

Sec. 884. Payment of an account prohibited without con-R. 1900 , § 79s. 
sent of commissioner of state taxes. If a savings bank, savings 1904, No ’ 30 ’ § 63 ‘ 
institution, trust company, or savings bank and trust company 
has notice of the death of a depositor residing within this state 
at the time of his decease, or has reasonable grounds for believing 
him to be dead, it shall not, without the consent in writing of the 
commissioner of state taxes, pay or transfer upon its records a 
part or all of a deposit or account standing in the name of such 
decedent, for which an order, assignment or other instrument in 
writing signed by such decedent has been given, other than 
checks given in the ordinary course of business. Notice in 
writing shall be forthwith given by such corporation to said 
commissioner, setting forth the character of such order, assign¬ 
ment or other instrument, and the name and residence of the 
payee or assignee therein named. 

Sec. 885. Liability. A savings bank, savings institution, 1904 , No. 30 , § 64. 
trust company, or savings bank and trust company, that wilfully 
violates a provision of the first, second and fourth preceding 
sections, shall be liable to the state, in an action on this statute, 
brought in the name of the state by the commissioner of state 
taxes, for all taxes imposed by sections eight hundred and 
seventy-six and eight hundred and seventy-eight upon a person 
liable to the same. But no such action shall be commenced 
without the consent of the governor. 

Equity Proceedings. 

Sec. 886 . Commissioner may institute. Whenever the 1904 , No. 30, § 65. 
commissioner of state taxes claims that a tax is due on account 
of a transfer of property in the manner described in section 


PROCEEDINGS IN PROBATE COURT. 


[Title 10 . 

eight hundred and twenty-three, eight hundred and seventy-six, 
eight hundred and seventy-eight or eight hundred and eighty- 
four, he may, in the name of the state, petition the court of 
chancery in any county to determine the amount of any or all 
taxes due, as provided in such sections, and to establish such 
taxes as a lien upon the property passing or being transferred 
in the manner therein mentioned. 

Sec. 887. Service, how made. Service of the petition men¬ 
tioned in the preceding section may be made in the manner pro¬ 
vided by law; and service thereof upon a foreign administrator, 
executor, trustee, legatee or assignee may be made by deliver¬ 
ing a copy of such petition to the custodian of the property in 
this state therein named. 

Sec. 888 . Proceedings. A court of chancery or a chan¬ 
cellor shall, subject to the right of appeal to the supreme court, 
hear and determine such cause at a stated term of said court or 
during vacation, and may grant temporary and permanent in¬ 
junctions restraining any or all persons or corporations men¬ 
tioned in the sections named in the second preceding section, 
from making any transfer or other disposition of the property 
named therein, until all taxes imposed by this chapter and found 
to be due on account of the passing of such property in the 
manner therein mentioned are paid, and shall make, all necessary 
orders and decrees to carry out the provisions of this chapter. 

Bonds and Recognizances. 

Sec. 889. State not required to give. In cases or appeals 
involving questions arising under the provisions of this chapter, 
the state shall not be required to give a bond or recognizance for 
costs or for an appeal, nor an injunction bond. 

Proceedings in Probate Court. 

Sec. 890. Jurisdiction and powers. A probate court, upon 
application of the commissioner of state taxes, may summon and 
examine, upon oath, respecting any matter pertaining to a tax or 
penalty imposed by this chapter, an officer, stockholder, member 
or agent of a corporation mentioned in section eight hundred and 
seventy-six, eight hundred and eighty-one, eight hundred and 
eighty-three or eight hundred and eighty-four, or of any cor¬ 
poration or banking institution having its principal place of 
business in the probate district wherein such probate court has 
jurisdiction; a custodian of the securities or assets, or the pro¬ 
ceeds thereof, mentioned in section eight hundred and seventy- 
eight, residing or having its principal place of business in such 
probate district; an administrator, executor, trustee, legatee, 
heir or assignee mentioned in the last named section, entitled to 
receive or who has received any part or all of such securities or 
assets, or the proceeds thereof, held by such custodian; a member 
or officer of a society or institution, and a person entitled to 
receive or who has received a part or all of such securities, assets 
or proceeds thereof mentioned in section eight hundred and 


PROCEEDINGS IN PROBATE COURT. 


255 


Chap. 38.] 

seventy-eight from a custodian thereof residing or having its 
principal place of business in such probate district, or who is 
entitled to receive or has received, by assignment or otherwise, a 
part or all of a deposit mentioned in section eight hundred and 
eighty-one or eight hundred and eighty-four, from a banking 
institution having its principal place of business in such probate 
district; and the grantee or donee of property, or an interest 
therein, passing in the manner set. forth in section eight hundred 
and twenty-three, within such probate district. 

Sec. 891. Summons to witnesses. If a probate court hasi904, No. 30, § 70. 
issued a summons for a person mentioned in the preceding sec¬ 
tion, or has examined a person therein named concerning any 
matter pertaining to a tax or penalty imposed by this chapter, 
said court shall thereupon have jurisdiction to summon and so 
examine any -and all persons therein named, notwithstanding the 
residence of such person, the location of the principal place of 
business of a corporation specified in the preceding section, or 
the location of property therein specified, is in some town or city 
without the probate district within which said court has original 
jurisdiction to .issue such summons and conduct such exami¬ 
nation. 

Sec. 892. Issuance of letters of administration. If, uponi 904 , No. 30 , § 71. 
the examination specified in the two preceding sections, the pro¬ 
bate court wherein such examination is had, determines that, in 
order to aid in the collection of a tax imposed by this chapter, 
an administrator should be appointed to administer upon the 
estate whereof property within its original jurisdiction, passing 
to a person liable to a tax imposed by this chapter, is the whole 
or a part, said probate court shall take jurisdiction of such estate 
and shall thereupon issue letters of administration. 

Sec. 893. Same; proceedings. Whenever letters of admin- 1904 , No. 30, § 72. 
istration are issued upon an estate mentioned in the preceding 
section, the* probate court issuing such letters shall have juris¬ 
diction of all property within this state belonging.thereto. The 
same proceedings shall be had in such estate as provided by law 
for the settlement of an estate wherein no will is probated. 

Sec. 894. Production of books, records and documents. 1904, No. 30 , § 73 . 
The probate court shall have authority to require, by summons 
or otherwise, the production of books of account, records or doc¬ 
uments kept or possessed by a corporation or person mentioned 
in the third and fourth preceding sections, concerning matters 
as to which information shall be required to carry out the pro¬ 
visions of this chapter. 

Sec. 895. Summons, generally. A probate court shall 1904, No. 30, § 74. 
have power to summon a person not hereinbefore specifically 
mentioned to appear before said court to give evidence therein 
respecting any matter or thing hereinbefore mentioned which 
shall be the subject of investigation; and said court may also 
require such person to produce in court any book of account, 
record or document pertinent to such investigation. 

Sec. 896. Witness fees. Persons except those liable to payn^i 906 ^ §^810. ^ 
a tax imposed by this chapter shall be allowed the same per ’ °' ’ 


256 


REPORTS BY LISTERS. 


[Title 10. 


diem and travel fees as witnesses in county court, to be paid by 
the state on the certificate of the commissioner of state taxes. 

1904, No. 30, § 76. Sec. 897. Penalty. A person or officer designated in sec¬ 
tion eight hundred and ninety, eight hundred and ninety-one 
or eight hundred and ninety-five who refuses or neglects to ap¬ 
pear before the probate court in obedience, to the summons 
therein mentioned, or refuses to be sworn as hereinbefore pro¬ 
vided, or neglects or refuses to produce the books, records or 
documents mentioned in sections eight hundred and ninety-four 
and eight hundred and ninety-five, or refuses to testify concern¬ 
ing any matter respecting which he shall be lawfully examined, 
shall be fined not more than five thousand dollars nor less thai 
five hundred dollars. 


Reports by Listers. 

1904 , No. 30, § 77. Sec. 898. How made. Listers in the several towns shall 
annually, within ten days after the date on which the grand list 
is required by law to be filed by them with the town clerk, report 
to the commissioner of state taxes, upon blanks to be furnished 
by him, the names of persons who acquired, within the year end¬ 
ing with the first day of April in the year in which such report 
is made, real or personal estate situate in such town, or an in¬ 
terest therein, passing from a deceased person by the laws of 
descent or in the manner specified in section eight hundred and 
twenty-three. 

Miscellaneous. 

1904, No. 30 , § 79. Sec.’ 899. False swearing. A person who wilfully swears 
falsely to a return, report or statement, or upon an examination 
hereinbefore mentioned, shall be guilty of perjury. 

1904 , No. 30 , § 8 i. Sec. 900. Application of chapter. The foregoing sections 
of this chapter, in so far as they pertain to a tax imposed upon a 
person, corporation, society or institution that shall, in any man¬ 
ner hereinbefore provided, receive property or any interest 
therein passing from a deceased person, shall also apply to the 
estates of all persons who deceased prior to December ninth, 
nineteen hundred and four, but whose estates were not then 
decreed or distributed; but if any. part of such an estate has 
been lawfully paid or decreed prior to such date, such part shall 
not be affected by this chapter; nor shall this chapter apply to an 
act done prior to such date for which a penalty is hereinbefore 
provided. 

1904 , No. 30 , §§ 82,- Sec. 901. Exception. This chapter shall not, except as 
• otherwise provided, affect the liability of any person, corpora¬ 
tion, society or institution to pay taxes already accrued under 
the provisions of number forty-six of the acts of eighteen hun¬ 
dred and. ninety-six, nor any proceedings affecting the same. 




APPENDIX. 


NUMBER 31 ACTS OF 1908. 

AN ACT IN AMENDMENT OF AND IN ADDITION 
TO CHAPTER 38 OF THE PUBLIC STATUTES 
RELATING TO INHERITANCE TAXES AND 
TAXABLE TRANSFERS. 

It is hereby enacted by the General Assembly of the 
State of Vermont: 

Section 1. Section 822 of the Public Statutes is 
hereby amended so as to read as follows: 

Section 822. Every person other than the father, 
mother, husband, wife, lineal descendant, stepchild, 
adopted child, child of a stepchild or of an adopted 
child, the wife or widow of a son, the husband of a 
daughter of a decedent, a bishop in his ecclesiastical 
capacity for religious uses within this state, or a city « 
or town for cemetery purposes; and every charitable, 
educational or religious society or institution other 
than one created and existing under and by virtue of 
the laws of this state and having its principal office 
herein, that shall receive in trust or otherwise a 
legacy or distributive share consisting of or arising ^ 
from property or an interest therein passing by will, 
the law of descent or the decree of a court in this 
state, from a deceased person who owned such prop¬ 
erty at the date of his decease, shall, except as other¬ 
wise provided in this chapter, pay to the state a tax 
of five percent of the value in money of such legacy or 
distributive share. 

Sec. 2. Section 824 of the Public Statutes is hereby 
amended so as to read as follows: 

Section 824. If a transfer or other similar tax has 
been lawfully paid to another state or to a govern¬ 
ment other than the United States, for or on account 
of an assignment or transfer of stocks, obligations, 
securities or other evidences of indebtedness, or for 
or on account of the collection, delivery or assignment 
of securities, deposits or other assets, and such stocks, 
obligations, securities, other evidences of indebted¬ 
ness, deposits or assets, or the proceeds thereof, shall 
in whole or in part be included in any legacy or dis¬ 
tributive share decreed subsequent to the ninth day of 
December, 1904, by a probate court of this state to 
a legatee or heir liable to the tax imposed by section 
eight hundred twenty-two, such legatee or heir shall 
be liable to pay to this state under the provisions of 
said section only such part of the tax therein imposed 
as will make the entire tax both within and without 
this state, based on such portion of a legacy or dis¬ 
tributive share taxed in such other state or govern¬ 
ment, equal to five percent of the total value thereof, 
to be determined as provided in this chapter. 

Sec. 3. Section 857 of the Public Statutes is hereby 
amended so as to read as follows: 

Section 857. Whenever a person bequeaths or de¬ 
vises the use of property for the term of a natural life 


!o . JJ ' mc . / 1910 
See appendix. 




2 


APPENDIX. 




or lives, or for a term of years, or gives or conveys 
such use in the manner provided in section eight 
hundred twenty-three, to or for the use of any person, 
society, institution or corporation exempt from the 
payment of a tax imposed by this chapter, and be¬ 
queaths, devises, gives or conveys the remainder to 
a person, society, institution or corporation subject 
to the taxes hereinbefore imposed, the value of the 
prior estate shall, in the manner hereinbefore pro¬ 
vided, be deducted from the appraised value of such 
property; and the person entitled to such remainder 
shall be liable to the tax imposed by this chapter. 
Such tax shall become due and payable at the same 
time that a tax would become due and payable, if the 
entire property, instead of a remainder therein, had 
passed to the person receiving such remainder. 

Sec. 4. In determining the amount of any tax im¬ 
posed by sections 87G and 878 of the Public Statutes, 
no deductions cn account of debts or expenses of ad¬ 
ministration shall be made except such debts or ex¬ 
penses have been allowed by the probate, surrogate 
or other court having original jurisdiction of said 
estate. 

Sec. 5. This act shall take effect from its passage. 

Approved January 28, 1909. 


NUMBER 55 ACTS OF 1910. 

AN ACT IN AMENDMENT OF AND IN ADDITION 
TO CHAPTER 38 OF THE PUBLIC STATUTES 
AS AMENDED BY NO. 31, ACTS OF 1908, RE¬ 
LATING TO INHERITANCE TAXES AND TAX¬ 
ABLE TRANSFERS. 

It is hereby enacted by the General Assembly of the 
State of Vermont: 

Section 1. Section 822 of the Public Statutes as 
amended by section 1, No. 31, acts of 1908, is hereby 
amended so as to read as follows: 

Sec. 822. Every person other than the father, 
mother, husband, wife, lineal descendant, the wife or 
widow of a son, the husband of a daughter, a step¬ 
child, a child adopted as such during his minority 
in conformity with the laws of this state, a child of a 
stepchild or of such adopted child, a bishop in his 
ecclesiastical capacity for religious uses within this 
state, or a city or town for cemetery purposes; and 
every charitable, educational or religious society or in¬ 
stitution other than one created and existing under 
and by virtue of the laws of this state and having its 
principal office herein, that shall receive in trust or 
otherwise a legacy or distributive share consisting of 
or arising from property or an interest therein pass¬ 
ing by will, the law of descent or the decree of a court 
In this state, from a deceased person who owned such 
property at the date of his decease, shall, except as 
otherwise provided in this chapter, pay to the state a 
tax of five percent of the value in money of such 
legacy or distributive share. 



/ 


APPENDIX. 3 

Sec. 2. Section 876 of the Public Statutes is hereby 
amended so as to read as follows: 

Sec. 876. I. If a foreign administrator, executor or 
trustee assigns or transfers any stock or obligation in 
a domestic corporation, or in a foreign corporation 
having its principal place of business located in this 
state, or in a national bank located in this state, 
owned by a deceased non-resident at the time of his 
death and passing by will or the laws of descent of the 
state or government wherein such administrator, ex¬ 
ecutor or trustee receives his appointment, to or for 
the use of any person other than the father, mother, 
husband, wife, lineal descendant, step-child, child 
adopted as aforesaid, child of a step-child or of such 
adopted child, the wife or widow of a son, the husband 
of a daughter, a bishop in his ecclesiastical capacity 
for religious uses within this state, a town or city in 
this state for cemetery purposes, or to or for the use 
of a charitable, educational or religious society or in¬ 
stitution created and existing under the law^ of this 
state, such administrator, executor or trustee shall 
pay to the state a tax equal to five percent of the 
value in money, at the date of such assignment or 
transfer, of such part or all of such stocks or obliga¬ 
tions so passing by will or the laws of descent. 

II. If such taxes are not paid on or before the 
date of such assignment or transfer, they shall be a 
lien on such stock or obligation until the same are 
paid. 

III. In determining the amount of any tax imposed 
by this section, no deductions on account of debts or 
expenses of administration shall be made unless such 
debts or expenses have been allowed by the probate, 
surrogate or other court having original jurisdiction 
of said estate. 

IV. The words “stock” and “obligation,” as used in 
this section, shall be construed to include the proceeds 
thereof. 

Sec. 3. Section 878 of the Public Statutes is hereby 
amended so as to read as follows: 

Sec. 878. I. If a foreign administrator, executor 
or trustee of a non-resident decedent, or a legatee or 
heir of such decedent, or an assignee of such admin¬ 
istrator, executor, trustee, legatee or heir, collects, re¬ 
ceives or assigns securities or assets, being in this 
state at the time of the death of such non-resident de¬ 
cedent and belonging to him at his decease, which 
shall pass in whole or in part by will or the laws of 
descent of the state or government wherein such 
foreign administrator, executor or trustee has received 
his appointment, to or for the use of any person other 
than the father, mother, husband, wife, lineal de¬ 
scendant, stepchild, child adopted as aforesaid, child 
of a stepchild or of such adopted child, the wife or 
widow of a son, the husband of a daughter, a bishop in 
his ecclesiastical capacity for religious uses within 
this state, or a town or city in this state for cemetery 
purposes, or to or for the use of a charitable, educa¬ 
tional or religious society or institution created and 
existing under the laws of this state, such foreign ad¬ 
ministrator, executor or trustee, the assignee of such 
securities or assets, or any legatee or heir of such non¬ 
resident decedent, shall pay to the state a tax equal 


4 


APPENDIX. 


to five percent of the value in money, at the date of 
the delivery, collection or assignment of such part or 
all of such securities or assets so passing by will or 
the laws of descent. 

II. If such taxes are not paid on or before the date 
ot such delivery, collection or assignment, they shall 
be a lien on such securities or assets until such taxes 
are paid. 

III. In determining the amount of any tax im¬ 
posed by this section, no deductions on account of 
debts or expenses of administration shall be made, 
unless such debts or expenses have been allowed by 
the probate, surrogate or other court having original 
jurisdiction of said estate. 

Sec. 4. Section 879 of the Public Statutes is hereby 
amended so as to read as follows: 

Sec. 879. The securities or assets mentioned in the 
preceding section shall not be delivered or transferred 
by a person or corporation to a foreign administrator, 
executor or trustee of a non-resident decedent, nor to 
a legatee or heir of such decedent, nor to an assignee 
of such administrator, executor, trustee, legatee or 
heir, before the taxes, if any, imposed by the preced¬ 
ing section are paid, or the certificate mentioned in 
section eight hundred eighty-two is issued by said com¬ 
missioner. Said commissioner, or person designated 
by him in writing, may at all reasonable times exam¬ 
ine such securities or assets. 

Sec. 5. This act shall take effect from its passage. 

Approved January 28, 1911. 


NUMBER 56 ACTS OF 1910. 

AN ACT TO AMEND SECTION 833 OF THE PUBLIC 
STATUTES, RELATING TO INHERITANCE 
TAXES. 

It is hereby enacted by the General Assembly of the 
State of Vermont: 

Section 1. Section 833 of the Public Statutes is 
hereby amended so as to read as follows: 

Sec. 833. 1. The probate court having either prin¬ 

cipal or ancillary jurisdiction of the settlement of the 
estate of a decedent shall, except as otherwise pro¬ 
vided in this chapter, hear and determine all ques¬ 
tions relating to the taxes hereby imposed and the 
value of all legacies and distributive shares upon 
which such taxes are computed. 

2. In case it shall be made to appear.to a probate 
court that the amount of a tax heretofore or hereafter 
fixed by it is less than or in excess of the amount im¬ 
posed by the provisions of this chapter, it may in its 
discretion upon application of said commissioner or of 
the administrator or executor of the estate making 
such payment, and upon reasonable notice in writing 
thereto, determine the amount which should have been 
thus imposed and accordingly modify or amend its 
decree theretofore made. 

Sec. 2. This act shall take effect from its passage. 

Approved January 27, 1911. 


























